Machine Head Settles Lawsuit Filed by Former Bassist Adam Duce

The terms of the deal remain confidential, but both sides were able to reach a satisfactory agreement.

Ultimate Guitar

A $1.8 million-dollar suit against San Francisco Bay Area metallers Machine Head, their manager Joseph Huston, record label Nuclear Blast, and current bassist Jared MacEachern filed by the band's former bassist Adam Duce (pictured) was settled out of court yesterday (Wednesday, July 2). As Blabbermouth notes, the terms of the deal remain confidential, but both sides were able to reach a satisfactory agreement.

All claims in the dispute have been dropped against all parties named, including but not limited to the $800, 000 claim against the band for breach of fiduciary duty and interference with prospective economic advantage, as well as the $1, 000, 000 defamation claim against Machine Head singer/guitarist Robb Flynn regarding a blog he posted on the band's official web site and associated social-media sites.

The settlement between Machine Head and Duce was mediated by Gail Migdal Title, with the litigation team for the band handled by Kari Keidser, Dawn Coulson and Randall Rich of Epps & Coulson, along with longtime Machine Head entertainment lawyer Scott Harrington.

In his original complaint, Duce claimed that Machine Head's 2009 tour, which included dates with Metallica, grossed more than $2 million. A 2012 Europe tour grossed more than $3 million, he claimed.

Flynn wrote about Duce's departure in a "diary entry" on the band's web site by "directly attacking plaintiff's work ethic," Duce said in the complaint.

Duce claimed that no agreement was ever made about his share of future royalties and profits. He said the other bandmembers "simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the band." Duce also said his likeness was used on the band's web site and in promotions without his authorization.

Machine Head will embark on the "Killers & Kings" tour in the US on July 8, with support from Anti Mortem.

12 comments sorted by best / new / date

    Just to point out it isn't Adam Duce pictured, its Robb Flynn
    Lol I wsa gonna say... I don't know the members too well, but I'm pretty sure the article is talking about a bassist and the guy in the picture is holding a guitar
    I'm not able to estimate how big Machine ****ing Head actually is, but the numbers mentionned in the articles are pretty crazy. I don't know if they are currently capable of sustaining a 800k "donation" to Duce for dropping the charges...
    I know. I figured they must be losing popularity since they are playing a tiny bar in my tiny town here in a few weeks for 15 bucks a ticket. That said I AM ABSOLUTELY STOKED TO SEE THEM!
    They might be going for smaller, more intimate warm-up shows to lead up to the album's release and to generally get used to touring again and playing in front of a live audience, only to play larger venues later. Some bands that can afford to, will often do it.
    Well, I got my ticket for their Europe tour, 25€. I was pretty shoked by that low price. Animal as Leaders + Tesseract take the same for a smaller avenue for example !
    Just because he asked for a huge number does not mean he received that in the settlement. All lawyers are bloodsuckers. They are the one's who put the lawsuit in motion and advised that Duce ask for that ridiculous sum knowing full well that they would come no where near that number in the end.Remember,lawyers recieve 1/3 of the final settlement as their compensation.It should be obvious that he received very little in comparison to what he initially asked for. Probably 1/5th is more like it. They are Machinehead for goodness sake, not Metallica.
    link no1
    I always thought they were one of the more well known and liked bands out there. Practically anybody I run into is a fan of Machine Head.
    the only song i ever like from these guys, was a song they covered, written by gaga's girlfriend's band. haha.(judas priest's the sentinel) just the way he always yells "AAAAHHHHH"(like a half-asses "argh!")for every damn song, bugs the sh1t out of me. like stfu goddamnit lol. sorta like james hetfield's UGHs and YEAHs...great musicians, but i can't stand that fvcker's each their own tho.